Lemmon v. Clemens

This is a judicial review of an order of the Land Use Board of Appeals (LUBA) that reversed an order by Lane County granting the petitioner a five-year conditional use permit to operate a marine repair shop and storage facility.

Petitioner is an owner of a 15-acre tract in Lane County adjacent to Eugene’s city limits and within the city’s urban growth boundary. Before 1976, the entire tract was devoted to agricultural use as a family farm. Apparently the one and one-half acre part which is now in controversy was used less intensively than the rest. In 1976, petitioner received a county…